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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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What are the appropriate documents, if any, for a Condo association

Customer Question

What are the appropriate documents, if any, for a Condo association to require in order to allow a service person to go to a unit owner's apartment and do work?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

One thing to remember is that condo association rules are generally enforceable, so getting the rule regarding repairmen changed or struck down by a court is highly unlikely.

TexLawyer :

However, that does not mean that there isn't anything you can do.

TexLawyer :

The question isn't whether it is a good rule, or even a reasonable one. The question, for you, is how to get around it.

TexLawyer :

The best way to do that would be to sign a waiver of liability, which, when signed by the worker, waives the condo association's liability. One thing to keep in mind, however, is that one cannot waive a negligence claim. So, while the worker can waive his right to sue the condo association on many grounds, a waiver that absolves the condo association of negligent or intentional acts is likely not enforceable.

TexLawyer :

Another step a condo owner wanting a worker to come in could take is to sign an agreement to indemnify (repay) the condo association for any lawsuits that result from the worker (except, as noted above, negligence and intentional acts).

Customer:

Good answer. It seems to me that even a service comnpany's full workman's comp and full liability insurance would still not protect the condo from negligence or intentional acts. I assume that Intentional acts are torts that are never protected.

Customer:

If so

TexLawyer :

Correct, worker's comp would not protect the condo association from intentional acts.

Customer:

If so only negligent acts might be covered by the insurance but niot the waiver. Is that right?

TexLawyer :

Exactly.

Customer:

What abouot the liability insurance?

TexLawyer :

One cannot waive their right to sue for negligence. Worker's comp should cover negligence, though. The liability insurance he carries only protects the condo association from his acts. So, if he is, for example, a plumbing contractor and he negligently installs a pipe that burts and floods several units, his liability insurance would cover that.

Customer:

So the botXXXXX XXXXXne is if the worker does not have workman's comp and negligence from anyone causes injury or damage the condo association might be laible even if the worker waived his right to sue.

Customer:

Also if there is no laibility insurance any damage wouold be payable by others.

TexLawyer :

It really depends on what the negligent act is.

Customer:

Meaning that the waiver of liability by the worker towards him still leaves the condo ass'n and others exposed to some liability. That suggests the rule is necessary.

TexLawyer :

If some dangerous condition was created by an individual condo owner, then that condo owner would be liable by himself.

TexLawyer :

If, however, there were some dangerous condition on common property caused by the condo association (or they knew about a dangerous condidition and did nothing to remedy it or warn about it), then the association could be liable.

TexLawyer :

If there is no liability insurance, if the worker does something negligent, you (or whichever condo owners were damaged) will have to sue him and hope he has the money to pay the judgment. If not, there isn't much you can do if he doesn't have insurance.

Customer:

True, but in this world we live. liable or not, his lawyer will undoubtedly name everybody in sight, including the Ass'n, thereby costing it a lot of money.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3802
Experience: Experienced in both state and federal court.
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